May 09, 2018

California Judge Lays Out Rules for Jury Trials in Bankruptcy Court

Bankruptcy Judge Barash construes local rules to avoid invalidating a right to a jury trial.

9th Circuit, California, California Central District

May 03, 2018

Discharge Revoked for Failure to Obey an Order Pending Appeal

To avoid having a discharge revoked, a debtor must either comply with the order or obtain a stay pending appeal.

9th Circuit, Idaho

May 02, 2018

No “Related To” Jurisdiction for a Chapter 7 Debtor’s Postpetition Malpractice Claims

A chapter 7 debtor’s postpetition legal malpractice claims are not estate property, BAP says.

9th Circuit

May 01, 2018

Contract Wages for Executives Are Not Presumptively Allowable Postpetition, BAP Says

An executive with a rejected contract must prove value to have an allowable administrative claim, 9th Circuit BAP says.

9th Circuit

April 25, 2018

Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit

An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.

9th Circuit

April 21, 2018

Discharge Cannot Be Revoked if Knowledge of Fraud Came Before Discharge

The deadline for objecting to discharge can be extended under Rule 4004(d) after the deadline has passed.

9th Circuit

April 19, 2018

Interest at the State Rate Applies to Pre-Petition Judgments Found Nondischargeable

The rate of post-judgment interest on a nondischargeable debt depends on whether there was a judgment before or after filing, the Ninth Circuit BAP says.

9th Circuit

April 17, 2018

Granting or Denying a Homestead Exemption Remains a Final Order in the Ninth Circuit

Bullard did not undermine the automatic appealability of orders granting or denying homestead exemptions.

9th Circuit

April 13, 2018

Barnhill Determines the Date of a Post-Petition Transfer, BAP Says

A post-petition transfer occurs when an ordinary check is honored, not when it is delivered.

9th Circuit

March 30, 2018

Automatic Stay Doesn’t Apply to Enforcement of Maritime Liens, Ninth Circuit Says

Filing bankruptcy won’t divest a district court of maritime jurisdiction, and a bankruptcy court can’t adjudicate maritime lien rights.

9th Circuit